1994-03-21_Minutes
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COMMON COUNCIL
MARCH 21, 1994
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-first day of March, AD. 1994, at 4:00 o'clock p.m.
present
Thomas J. Higgins, Mayor
Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary,
Rogers, Trites, A Vincent and M. Vincent
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Assistant City
Manager - Operations; J. C. MacKinnon, Commissioner of
Environment and Infrastructure Services; P. Groody,
Commissioner of Human Resources; S. Bedford, Commissioner
of Development Services; S. Armstrong, Director of Engineering;
W. D. Todd, Director of Housing and Property Management; D.
Logan, Purchasing Agent; B. Steeves, Deputy Building Inspector;
W. Edwards, Works Department; B. Malone, Planner; G. Tait,
Fire Chief; B. Thompson, Deputy Chief of Police; Mrs. M.
Munford, Common Clerk; and Ms. C. Joyce, Assistant Common
Clerk.
1. Call To Order - OpeninQ Prayer
Mayor Higgins called the meeting to order and offered the opening
prayer.
2. Approval Of Minutes
On motion of Deputy Mayor McAlary
Seconded by Councillor M. Vincent
RESOLVED that minutes of the
meeting of Common Council, held on March 14, 1994, be approved.
Councillor A Vincent referred to item 24 in the above minutes in that
there was discussion on certain locations having a license; and suggested that, on the
basis of his understanding that there are three license holders in the City, being the
Three Mile Tavern, the Delta Hotel and the City of Saint John, in the future, if the City is
a license holder, the City should not be critical of the Three Mile Tavern. In response to
the Mayor's observation that he did not think that any of the Council members were
complaining about the Three Mile Tavern's license, Councillor A Vincent advised that
he understood that Council was critical of the whole thing; and that he did not know,
until told by a citizen, that the City holds the same license to conduct the same shows;
whereupon the Mayor advised that he would ask the City Solicitor, in light of Councillor
A Vincent's statement, to report in this regard.
Question being taken, the motion was carried.
3. Mavor's Remarks
The Mayor extended a message of sympathy to Mrs. Dorothy McKay
and the family of the late Harry M. McKay, a former Police Chief of the City of Saint
John, who passed away on March 19.
The Mayor proclaimed the week of March 21 to 25 to be Racial
Awareness Week in the City of Saint John, in recognition of March 21 as the
International Day for the Elimination of Racial Discrimination; and welcomed to the
Council Chamber Messrs. Brian Bond, a teacher, and Ed Bates, Principal, of Hazen
White-St. Francis School, as well as Chelsea Saunders, President; Jessica Hachey,
Vice President; and Amanda Savoie, Secretary of GROUP, which stands for "Get Rid
Of Unwanted Prejudice", which was formed by students of grades four, five and six of
this School; and he presented to the students the official proclamation, which he
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advised was framed by Carl White of PRUDE.
Deputy Mayor McAlary displayed the teddy bear which is being used to
promote the Third Annual Teddy Bear Fair at the Saint John Regional Hospital on
March 26, the purpose of which is to educate children about a hospital.
4. Thistle-St. Andrews Curling Club
Request For City To Host Luncheon
On motion of Councillor Trites
Seconded by Councillor Landers
RESOLVED that the letter from Mayor
Higgins submitting correspondence from the Thistle-St. Andrews Curling Club on
having been awarded the 1995 Senior Ladies and Mens Curling Championships; and
requesting that the City host the opening luncheon -- be referred to the City Manager.
Question being taken, the motion was carried.
5. Tender For Asphaltic Concrete Mixes
On motion of Councillor Gould
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender of Standard Paving Maritime Ltd., being the lowest cost
after adjustment for the haulage factor, be accepted for the supply of asphaltic
concrete mixes, at the unit prices quoted as indicated in the submitted bid summary.
Councillor Trites noted that Classic Construction tendered generally $2
or $1.50 a tonne less than the recommended Standard Paving contract and the
variance is made up by using Provincial haulage charges or factors based on the
distance of the plant from a particular central point in the City; and asked the price per
tonne for asphalt in the City in the last year that Standard and Grove Construction were
the two bidders in that, based on his understanding prior to Classic Construction
coming into the business, the price was in the $40 and plus range, to which Mr. Logan
replied that, having checked the record, the price was $40.87 per tonne. Councillor
Trites advised that his problem is that it appears that the City is penalizing Classic
Construction, which by becoming competitive in this business has dramatically reduced
the price of asphalt, for being on the outskirts of the City, while at the same time there
has been a strong indication that the City does not want it closer to the City; and also
advised that he will be voting against the recommendation as Classic is the low bidder
when the haulage rate is taken out based on his calculation that the overall bid of
Classic is about $23,300 less than the recommendation, with an additional charge to
the City of only about $8,600 if the haulage rate was taken into consideration, being the
difference between the haulage rate differential rate of $2.10 a tonne and the low bid
submitted by Classic. Councillor Trites rose on a point of order upon Councillor Rogers
indication that she understood Councillor Trites to suggest that Grove Construction and
Standard Paving at one time might have been together in fixing rates in reference to
the City of Saint John; and clarified that his comments in this regard were to suggest
that, prior to the third company coming into the competitive market, the price was much
higher than it is today and that, by its presence, the third company obviously has been
responsible for a reduction in the tender price, but that he said nothing about
companies working together in this or divvying up the market or anything along those
lines. During discussion Mr. Logan commented on the purpose of the haulage factor;
Councillor Knibb advised his intent to vote against the motion, with his suggestion as a
solution being to divide the contract between Classic, which had the contract last year,
and Standard in that the quantities are fairly considerable and the total sum of money
would justify a division into two parts; Councillor Landers, in expressing agreement with
Councillor Trites' comments, suggested that Council may have to look into the haulage
factor during its review of the pits and quarries regulations when perhaps consideration
will be given to having them located outside of residential areas; and Councillor Trites
advised that his indication of opposition is his method of challenging the policy; and
asked that, no matter what the outcome of the vote is, the City Manager undertake to
provide a comprehensive report to Council on the haulage factor, but at the same time
looking at other intangibles, such as level of service and whether one company or
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another provides an enhanced level to the City in delivering the product to City trucks.
Question being taken, the motion was carried with Councillors Knibb,
Landers, Trites and A. Vincent voting "nay".
Councillor M. Vincent asked if a motion was needed to request the City
Manager and staff to give some thought to the above matter, to which Mr. Totten
replied that he has noted the request for a report in this regard.
6. Tender For PrintinQ Tourist Literature
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender of Tribune Press Ltd. be accepted for the printing of
tourist literature for the 1994 season, at the unit prices bid as indicated in the submitted
bid summary.
Question being taken, the motion was carried.
7. Tender For Sweeper Brooms
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, tenders be accepted for the establishment of a supply agreement
for sweeper brooms for a period of one year, as indicated in the submitted summary of
bids.
Question being taken, the motion was carried.
8. Tender For Traffic Paint
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the City of Saint John join its requirement for traffic paint for 1994 with
that of the City of Fredericton by accepting the tender of Laurentide Chemicals at the
unit prices bid as indicated in the submitted bid summary.
Discussion ensued during which time staff commented on the City's
experience with the use of a plastic type of tape and thermal plastic line markings and
arrows.
(Councillor Coughlan withdrew from the meeting during the above
discussion.)
Question being taken, the motion was carried.
9. Security For Rehabilitation of
Gravel Pit. 913 Latimore Lake Road
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in
the amount of $70,000 be accepted from Standard Paving Maritime Limited as security
to ensure the rehabilitation of the gravel pit at 913 Latimore Lake Road (NBGIC
Number 333526).
Question being taken, the motion was carried.
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10. Security For Rehabilitation of
Gravel Pit. 1003 Latimore Lake Road
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee
in the amount of $69,000 be accepted from Thomas Construction Limited as security to
ensure the rehabilitation of the gravel pit at 1003 Latimore Lake Road (NBGIC Number
329409).
Question being taken, the motion was carried.
(Councillor Coughlan re-entered the meeting.)
11. Five Star Community Awards Program
National Access Awareness Week (NAAW)
Consideration was given to a report from the City Solicitor regarding the
Five Star Community Awards Program which has been in existence for the past six
years and is sponsored by the National Access Awareness Week (NAA W), the
Federation of Canadian Municipalities and Human Resources and Labour Canada;
advising that a requirement of the Five Star Program is that Common Council pass a
resolution supporting the City's application for an award; and submitting a resolution in
this regard to be submitted by March 30.
On motion of Councillor Landers
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, the following resolution be adopted and forwarded to the Recreation
Department for inclusion with the City's 1994 Five Star Community Awards Application:
"That the Mayor and Common Council of the City of Saint John show its
support in principle for the Five Star Community Awards Program by endorsing the
City's 1994 application to the Program in the areas of Recreation, Education and
Transportation." .
Question being taken, the motion was carried.
12. Amendment To December 6, 1993 Council
Resolution Re Sale of Land At Cedar Point
Read a report from the City Manager advising that, further to the
December 6, 1993 Council resolution to sell 22 acres of land at Cedar Point to
Blanchard Homes (1983) Ltd., information has now been received that the property is
to be transferred to Cedar Point Estates Ltd. rather than Blanchard Homes (1983) Ltd.,
and submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council resolution of December 6, 1993, concerning the sale of
land at Cedar Point, be amended by removing any reference to Blanchard Homes
(1983) Ltd. and replacing it with Cedar Point Estates Limited. (Rescinded July 11,1994
Bk. 84 Pg. 739 )
Question being taken, the motion was carried.
13. Previous Approval For Upper Floors
Grant FundinQ. 127-143 Charlotte Street
Consideration was given to a report from the City Manager advising that,
further to Council's approval on November 30, 1992 of a project development grant
under the Upper Floors Grant Program for Mr. Michael Richard relative to a property at
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MARCH 21, 1994
127-143 Charlotte Street at which time Mr. Richard had an option to purchase the
property, Mr. Richard did not proceed with the project and no funding was advanced to
him; also advising that the property has recently been purchased by Mr. Cyrus
Hajizadeh who has applied for a Project Development Grant for one of the two
buildings which comprise the overall property; and recommending action on this
application.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, (1) Common Council resolution of November 30, 1992, approving an
Upper Floors Grant of $8,500 for Mr. Michael Richard, be rescinded; and (2) the
application of Mr. Cyrus Hajizadeh for a Project Development Grant of $8,500 under
the Upper Floors Grant Program be approved for the property located at 127-129
Charlotte Street.
Question being taken, the motion was carried.
14. Review Of Taxi Review Committee's Recommendations
Read a report from the City Manager advising that staff supports all of
the Taxi Review Committee's recommendations presented to Council on December 13,
1993 with the exception of the recommendation that, as part of a reassignment of
administrative duties, the office of the Taxi Inspector be made a 52 week-a-year, full-
time function in that the Committee is suggesting that this function should be
reassigned to some other office on the basis that the Police Force sees its task function
as secondary to more significant police matters, while staff in acknowledging that it is
perhaps a secondary function in the minds of Police, in the minds of users of this
system their involvement adds credibility to the industry and the enforcement of
regulations, and it also must be acknowledged that direct involvement by a Police
officer with those in the industry should also result in the Department maintaining touch
with what is happening in some aspects of the community; suggesting that, if funding is
the issue, Police management should be asked to review the costs of providing this
service and, if costs are not being covered, fee increases should be proposed sufficient
to cover the costs, in that staff believes that the Police Force does have a direct role to
play in "inspection" and administration of this industry, although the costs should be
borne by those in the industry and not subsidized by taxpayers; and submitting a
recommendation in this regard.
On motion of Councillor Coughlan
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, (1) Common Council adopt the recommendations of the Taxi Review
Committee, with the exception of #2 under the category "Inspection"; (2) Common
Council request the City Solicitor to review the existing Taxi By-Law and bring forth the
necessary amendments to effect the recommendations of the Committee; (3) the Taxi
Review Committee be asked to go the next step in establishing a "taxi meter fare" after
due consultation with those in the industry; and (4) those industry advisors presently
serving on the Committee be asked to convene a meeting of those in the industry in an
attempt to implement recommendations, drivers, #1, Condition and Appearance of
Cabs #1.
Question being taken, the motion was carried.
15. Application For Municipal Plan Amendment
And Re-ZoninQ 1850 ManawaQonish Road
Consideration was given to a report from the City Manager advising that,
further to the application of Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd.,
which is on the agenda of this meeting as item 18, for a Municipal Plan amendment
and re-zoning of property at the intersection of Manawagonish Road and Westgate
Drive, the Housing and Property Management Department was requested to consider
the sale of a 600-square metre parcel of parkland abutting the proposed development,
and on January 24, 1994 Council resolved to sell this portion of land with the condition
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that the
land be re-zoned to an appropriate residential category, and it is the desire of the
applicant to include this parcel in the existing application for re-zoning; also advising
that in 1993 the applicant received subdivision approval for the creation of a corner lot
at 4 Westgate Drive and this lot has now been sold and the owner intends to construct
a one-family dwelling on the property, and the new owner of this lot has been contacted
by the City and expressed no objection to the lot being included in the same application
as the surrounding area; and recommending that Common Council include the
proposed Municipal Plan amendment and re-zoning for Lot 93-1, and the re-zoning of
the 600-square metre portion of City-owned land be considered at the same time as the
application of 051833 N.B. Ltd.
On motion of Councillor Coughlan
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, Common Council include the proposed Municipal Plan
amendment and re-zoning for Lot 93-1, and the re-zoning of the 600-square metre
portion of City-owned land to be considered at the same time as the application of
051833 N.B. Ltd.; and that the matter be referred to the Planning Advisory Committee
for a report and recommendation, with the public hearing to be held on April 25, 1994.
Question being taken, the motion was carried.
16. Sale And Rental of PornoQraphy
Consideration was given to a report from the City Solicitor referring to
Council's recent referral to him of a letter from the Harvest Christian Fellowship
requesting that Council give consideration to enacting a by-law restricting the sale and
rental of x-rated pornographic videos and magazines in the City, an issue which has
been brought to Council's attention by other groups and organizations in recent
months; expressing the opinion that Council does not have the authority to pass a valid
by-law to prohibit, or regulate and license the specific trade and business of selling and
renting what the Supreme Court of Canada has called "hard-core video tapes and
magazines as well as sexual paraphernalia", and also that the City's Zoning By-Law
enacted under the Community Planning Act is not appropriate nor effective from a land
use point of view to adequately control this business; and, for the benefit of the Chief of
Police and the enforcement of the Criminal Code, apprising Council of a recent
Supreme Court case, R. v. Butler, dealing with the sale and rental of pornographic
videos in the City of Winnipeg. The report explains how other Provinces have
delegated to municipalities the power and authority to regulate adult entertainment
parlours and the business of adult videos, publications and other pornographic material
distributed through stores; suggests that, if Council believes that a by-law is necessary
and would meet the needs of a local concern, the appropriate Provincial officials should
be contacted to have the Municipalities Act amended; and expresses the opinion that,
as there is strong law to support this delegated power from the Province and together
with a by-law drafted on rational grounds to control and regulate the business of
distributing pornographic material, the Province and Municipality would not be found
invading criminal law; and concludes that a by-law to license and regulate this business
in no way detracts from the duty of the Police and the Crown to enforce the provisions
of the Criminal Code dealing with obscenity if there are reasonable grounds for
believing that offenses are being committed.
On motion of Councillor Chase
Seconded by Councillor Coughlan
RESOLVED that the above report from
the City Solicitor be forwarded with the City's representative to Cities of New Brunswick
Association Inc. to determine what problems other cities in the Province experience in
this regard, with the representatives to come back to Council with recommendations for
Council's consideration.
Question being taken, the motion was carried.
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17. Proposed Amendments To Peddlers
& Hawkers And Sidewalk Bv-Laws
Read a report from the City Solicitor submitting, further to Council's
adoption on March 7 of the City Manager's recommendation respecting street vendors,
proposed amendments to the Peddlers and Hawkers By-Law and the Sidewalk By-Law
reflecting the revisions with respect to sidewalk vendors which had been listed in
Schedule "A" of the City Manager's report; and advising that consideration is still being
given to by-law amendments which will be necessary with respect to street vending at
the King Street North and King Street South locations.
The Common Clerk noted that consideration is also to be given to a
proposed Parking Meter By-Law (copies of which were distributed to Council members
at this meeting.)
On motion of Councillor Knibb
Seconded by Councillor Landers
RESOLVED that the by-law to amend
the Peddlers and Hawkers By-Law, with regard to street vendors, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Peddlers and Hawkers By-
Law.
(Councillor Coughlan withdrew from the meeting.)
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the by-law to amend the
Peddlers and Hawkers By-Law, with regard to street vendors, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Peddlers and Hawkers By-
Law.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the by-law to amend the
Sidewalk By-Law, with regard to street vendors, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Sidewalk By-Law.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that the by-law to amend the
Sidewalk By-Law, with regard to street vendors, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Sidewalk By-Law.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law to
amend the Parking Meter By-Law be read a first time.
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Councillor Trites commented on the above-proposed amendment on the
basis that it includes only two locations and that it was his understanding that staff, in
view of his request during Council's previous discussion in this regard, would identify
two to four more metered sites, with each of the licenses to be assigned two specific
different metered areas so as to allow the vendor to take advantage of both daytime or
evening activities at the Imperial Theatre and the later night crowd in the club area of
the City. Mr. Bedford advised that staff members, in attempting to provide Council with
the proposed by-law amendments as quickly as possible, has not yet put their minds to
a third site.
(Councillors Chase and M. Vincent withdrew from, and Councillor
Coughlan re-entered the meeting during the above discussion.)
Councillor Trites proposed a tabling motion for one week until Council
has six sites to consider in one amendment, which was seconded by Councillor A.
Vincent; and, upon Councillor Trites' withdrawal of the tabling motion so as to allow for
further discussion, Councillor A. Vincent indicated that he refused to withdraw as
seconder. The Mayor called for the vote on the tabling motion, whereupon Councillor
Rogers' rose on a point of order on the basis that, if the mover withdrew the motion, the
motion was no longer on the floor, and Councillor A. Vincent advised that he would
withdraw as seconder of the tabling motion.
Discussion ensued during which time Mr. Bedford advised that it is
proposed that the City would be advertising for the sale of only two licenses, so the
situation would not come up where there would be three or four people applying for the
same site and that the intention was clearly to license a site; however, staff has no
objection to a third site and perhaps it was an oversight on staff's part because of the
urgency to proceed with the proposed by-law amendments that there is not a third site
before Council at this time; and he also advised that the initiative for the chip wagon
was basically raised by one proponent who has been waiting for some considerable
time in order for staff to submit the matter to Council and that the two sites proposed
would probably meet the immediate needs of the one vendor, and that staff could
respond to the concern raised by Councillor Trites as soon as staff can approach the
question. Mr. Bedford further advised that, in bringing the first two sites forward,
several other sites were reviewed and found not to be acceptable for a variety of
reasons, some of which were to the vendor, the Parking Commission and to the City.
The Mayor called for the question on the motion for first reading of the Parking Meter
By-Law on the basis that a third site would be before Council at its next meeting.
(Councillors Chase and M. Vincent re-entered the meeting during the
above discussion.)
Question being taken, the motion was carried.
Read a first time the by-law to amend the Parking Meter By-Law.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law to
amend the Parking Meter By-Law be read a second time.
With regard to the possibility of, at third reading of the above
amendment, adding the third site, Mr. Rodgers expressed the opinion that the two
readings of the proposed amendment would not count toward a proposed amendment
in the future with respect to additional sites.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Parking Meter By-Law.
18. Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd.
Municipal Plan Amendment & Re-ZoninQ, ManawaQonish Road
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Consideration was given to a letter from the Common Clerk advising
that, following the procedure for amendments to the Municipal Plan, the necessary
advertising and public presentation regarding the submitted application of Hughes
Surveys & Consultants Ltd. for 051833 N.B. Ltd., concerning a parcel of land at the
intersection of Manawagonish Road and Westgate Drive, have been completed, and
that no written objections have been received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the application of
Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd. for a Municipal Plan
amendment and re-zoning of a parcel of land at the intersection of Manawagonish
Road and Westgate Drive be referred to the Planning Advisory Committee for a report
and recommendation and that the necessary advertising be authorized in this regard,
with the public hearing to be held on April 25, 1994.
(Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
(Councillor Chase withdrew from the meeting as he was not present for
the March 14 public hearings relative to a proposed Zoning By-Law amendment with
regard to 34 McLaughlin Crescent, and the two Street Closing By-Law amendments
concerning Golden Grove Road and Cedar Grove Road.)
19. ZoninQ Bv-Law Amendment - 34 McLauQhlin Crescent
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-336 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning the property at 34 McLaughlin Crescent
(NBGIC Number 321968), from "R-2" One- and Two-Family Residential to "R-4" Four-
Family Residential classification, be read a third time and enacted and the Corporate
Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to a condition limiting the number of dwelling units to
a maximum of three.
The by-law entitled, "By-Law Number C.P. 100-336 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
20. Street ClosinQ Bv-Law Amendment - Golden Grove Road
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with regard to closing a portion of Golden Grove Road as
follows:-
GOLDEN GROVE ROAD: - All those certain portions of the public street situate in the
City of Saint John in the County of Saint John and Province of New Brunswick at the
intersection of the Golden Grove Road and McAllister Drive designated Parcel 93-1 and
Parcel 93-2 on a plan entitled "Plan of Survey To Accompany Street Closure Golden
Grove Road & McAllister Drive Parcels 93-1 & 93-2 City of Saint John, Saint John
County, N.B." dated December 10, 1993, certified correct Kierstead Surveys Ltd. per
John F. Quigley, NBLS, P. Eng., and filed in the Saint John County Registry Office on
Feb. 4, 1994, as number 200011
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- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting The
Stopping Up And Closing Of Highways In The City Of Saint John", was read in its
entirety.
Question being taken, the motion was carried.
21. Street ClosinQ Bv-Law Amendment - Cedar Point Road
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law entitled,
"A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways
In The City Of Saint John", with regard to closing a portion of Cedar Point Road as
follows:-
CEDAR POINT ROAD: - That public street situate in the City of Saint John in the
County of Saint John and Province of New Brunswick called Cedar Point Road as
shown on a subdivision plan entitled "The Province of New Brunswick Subdivision,
(Department of Education), situate Millidgeville, City of Saint John, New Brunswick"
dated Mar. 28, 1983 certified correct Hughes Surveys & Consultants Ltd. per Russell J.
Robinson, New Brunswick Land Surveyor approved for the Development Officer City of
Saint John Nov. 9, 1983, approved by the Director of Surveys Nov. 18, 1983 and filed
in the Saint John County Registry Office 21 November 1983 as number 1563.
- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting The
Stopping Up And Closing Of Highways In The City Of Saint John", was read in its
entirety.
Question being taken, the motion was carried.
(Councillors Chase and Trites re-entered the meeting.)
22. Committee of the Whole Report
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on March 14, 1994, when there were
present Mayor Higgins and Councillors Coughlan, Gould, Knibb, Landers, McAlary,
Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following
recommendations, namely:-
1. That as recommended by the City Manager, Grey Ledge Developments
Ltd. be advised that the property on Mark Drive (NBGIC Number 424432) is not
available for sale at the present time, and that the Planning and Engineering
Departments work with the land owners in the area to confirm the future realignment of
Mark Drive.
2. That as recommended by the City Manager, the City take no action as a
result of the Notice of Tax Sale relative to the properties at 5 and 13 Chipman Hill.
March 21, 1994,
Saint John, N.B.
Respectfully submitted,
(sgd.) Thomas J. Higgins,
C h air man.
22(1). Request For Sale Of City Land On Mark Drive
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COMMON COUNCIL
MARCH 21, 1994
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
22(2). 5 and 13 Chipman Hill
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that section 2 of the
above report be adopted.
Question being taken, the motion was carried.
23. Fundv SWAT - Federal Infrastructure ProQram
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the letter from Fundy
SWAT advising of its applications for funding assistance under the Federal
Infrastructure Program -- be referred to the City Manager.
Question being taken, the motion was carried.
24. John C. Noddin - Tree Removal ManawaQonish Road
On motion of Councillor Coughlan
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from John
C. Noddin registering his concern over a letter delivered to residents of Manawagonish
Road by the Parks Department regarding the removal of a large number of trees -- be
referred to the City Manager.
Mr. Robichaud advised that, in 1991, the City met with residents of
Manawagonish Road in a general meeting and presented three modules of a video
which indicated why a tree should be removed, conducted a tour of the street, removed
10 trees and replaced 40 trees, and that staff hopes to set up the same type of meeting
this time; however, the fact is that all the older trees on Manawagonish Road are
mature, being in the order of 60 years old and reaching the end of their lives, and over
the next 5 years it is likely that the bulk of them will have to be removed for one reason
or another, and that staff would like to see a replanting program and the situation
planned out properly.
Question being taken, the motion was carried.
25. Ladies' Orange Benevolent Association
Assistance For 100th Anniversarv Celebration
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Ladies' Orange Benevolent Association asking for assistance in the hosting of the
100th anniversary of the Association at its meeting in Saint John in June -- be referred
to the City Manager.
Question being taken, the motion was carried.
26. The Marco Polo Project
Television Show On Historv
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COMMON COUNCIL
MARCH 21, 1994
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from Mr.
Barry Ogden of The Marco Polo Project Inc. announcing the National Film Board's final
approval to a one-hour television show on the story of the Marco Polo and how it is
celebrated today around the world, and that the Board is also producing a half-hour
education film that will be made available to educational systems around the world -- be
received and filed and Mr. Ogden be commended for his efforts in this regard.
Question being taken, the motion was carried.
27. The New Brunswick Museum
Market Square Project
On motion of Councillor Coughlan
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from The
New Brunswick Museum thanking Council for including the Museum's Market Square
project in the City's list of projects recommended for the Federal Government's
Infrastructure Program -- be received and filed.
Question being taken, the motion was carried.
28. Imperial Theatre Inc. - Project Status
On motion of Deputy Mayor McAlary
Seconded by Councillor Chase
RESOLVED that the letter from Imperial
Theatre Inc. expressing gratitude for the gift of $215,000 for five years beginning in
1994; and advising that the construction phase of the Theatre's life is drawing to a
close, with its next challenge to be to provide an artistic program which suits the tastes
of its customers throughout the Greater Saint John area -- be received and filed.
Question being taken, the motion was carried.
29. Lakewood Heights Home and School
Association - Outdoor LiQhtinQ
On motion of Councillor Coughlan
Seconded by Councillor Knibb
RESOLVED that the letter from the
Lakewood Heights Home and School Association expressing the understanding that
the Recreation Department has no funds to provide outdoor lighting at the
tennis/basketball area in Lakewood Heights; and suggesting that it is necessary for the
City to provide lighting for safety reasons and to decrease maintenance costs (due to
vandalism) -- be referred to the City Manager.
Question being taken, the motion was carried.
30. Caroline Adams - Hill On Mark Drive
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from
Caroline Adams advising that as a resident and homeowner at 191 Mark Drive for the
past two years she has seen approximately six accidents from drivers coming down the
hill too fast and losing control; and asking that a stop sign be placed at the top of the
hill to slow down the traffic coming down the hill -- be referred to the City Manager.
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COMMON COUNCIL
MARCH 21, 1994
Question being taken, the motion was carried.
31. C.O.I.L. Inc. - TRANSIT II
On motion of Deputy Mayor McAlary
Seconded by Councillor Knibb
RESOLVED that the letter from C.O.I.L.
Inc. regarding TRANSIT II, a parallel transit system serving the mobility-impaired of
Saint John; and advising of two events, since the take-over and operation of this
service by Saint John Transit, which cause concern -- be received and the Saint John
Transit Commission be requested to appear before Council for an update in this regard,
and that the City Manager ensure that the appropriate agencies who have interests in
this matter have an opportunity for input.
Councillor Landers, a member of the Saint John Ability Advisory
Committee, suggested that Council should request that either a representative from this
Committee or staff from the Recreation and Parks Departments speak to Council in this
regard on the basis that, as some of the Committee members feel that transportation
now is more accessible to them, there might be another side to the situation; and, at
Councillor M. Vincent's suggestion, the motion to request the Transit Commission to
appear before Council was changed to that above.
Question being taken, the motion was carried.
32. St. Joseph's Hospital Foundation
Use Of ReversinQ Falls Park
On motion of Councillor M. Vincent
Seconded by Councillor Coughlan
RESOLVED that the letter from St.
Joseph's Hospital Foundation Inc. requesting the use of Reversing Falls Park for its
fourth annual Canducky Derby in late September or early October 1994 -- be received
and filed and permission be granted on the basis of precedent set in previous years.
Question being taken, the motion was carried.
33. South Central Citizens Council
Education CampaiQn For Pet Owners
On motion of Councillor Chase
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from the
South Central Citizens Council bringing to Council's attention that, over this past winter,
it has conducted an education campaign in the South End concerning animal droppings
and the need for dog owners to be responsible and clean up after their animals; and
requesting Council to protect the children and environment by enacting a by-law
requiring pet owners to clean up after their animals -- be referred to the City Manager.
Question being taken, the motion was carried.
34. South Central Citizens Council
Effects Of BudQet On Central Peninsula
On motion of Deputy Mayor McAlary
Seconded by Councillor Coughlan
RESOLVED that the letter from the
South Central Citizens Council drawing Council's attention to its areas of concern noted
in the last City budget in that, upon reviewing the budget, one significant aspect came
to the forefront: many of the cuts affect the Central Peninsula and its residents -- be
received and filed and the portion thereof dealing with neighbourhood policing be
referred to the Saint John Board of Police Commissioners.
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COMMON COUNCIL
MARCH 21, 1994
Question being taken, the motion was carried.
35. L10vd Betts - LeQal Fees For Emplovee Law Suit
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from
Lloyd M. Betts expressing the opinion that, while there is no money in the Police
Department budget for maintaining community-based policing in a proper manner in the
North End of the City and none for implementing community-based policing in the
South End, funds can be found to pay legal fees of one City employee to sue another
in a frivolous civic action, and that the Chief of Police has launched a personal civil
action and should be responsible for his own legal fees; and objecting as a resident
and taxpayer to money being spent in this manner -- be received and filed.
Question being taken, the motion was carried.
36. Allan Kincade - Adult Material/Entertainment
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from Allan
Kincade noting that this is his second submission to Council on the matter of adult
material/entertainment; and submitting articles from various publications with the hope
that Council might make its decisions with an understanding of the long-term effects the
restriction of freedom of expression can have on a society -- be received and filed.
Question being taken, the motion was carried.
37. Ellerdale Investments Ltd.
Re-ZoninQ Of Land In WestQate Park
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the application of
Ellerdale Investments Ltd. for the re-zoning of Parcels R, Sand U and public lands in
Westgate Park, be referred to the Planning Advisory Committee for a report and
recommendation and that the necessary advertising be authorized in this regard, with
the public hearing to be held on April 25, 1994.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Coughlan
RESOLVED that item 41 from the
Committee of the Whole agenda of this date be added to the agenda for consideration
at this meeting.
The reason for the above item, being a letter from Local No. 61
regarding funding for litigation, being in Committee of the Whole was questioned, to
which Mrs. Munford replied that the item was considered a personnel matter. The
Mayor advised that it was his intent to refer the matter to the City Solicitor to see what
legal grounds the City has in the light of what has transpired with reference to the Chief
in relation with an employee, and expressed the opinion that the matter belongs in
Committee of the Whole.
Question being taken, the motion was lost with the Mayor and
Councillors Chase, Coughlan, Knibb, Landers, McAlary and Trites voting "nay".
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
adjourned.
84-551
COMMON COUNCIL
MARCH 21, 1994
RESOLVED that this meeting be
Question being taken, the motion was carried.
Common Clerk